Southern California's Trusted Attorneys Helping You Administrate Your Family Member's Estate
Administering the probate estate of a family member can be emotionally draining and legally difficult. This, coupled with the recent loss of a loved one, can be overwhelming for the potential administrator. Probate Administration is not only the probate court process, but also the non-probate transfers of the deceased's assets, such as annuities, qualified retirement plans, trust assets (if any), life insurance, and compliance with applicable estate tax requirements.
As the attorneys for an estate's representative, we help the Executor or Administrator (see descriptions on our Probate page) carry out their responsibilities as competently and economically as possible. The MNB Probate Team works closely with our clients to close the probate estate as speedily as possible, and we guide and advise the estate representative regarding his or her responsibilities in discharging the duties of administrator or executor.
There are many nuances to the proper probate of an estate. Whether a person dies with or without a Will, assets in the their name alone must be probated to transfer title. Assets held in the names of both members of a marriage typically do not need to be probated. Any assets left in a Will for the benefit of a person other than the surviving spouse are subject to probate. Some assets are not subject to Probate, including, joint tenancy property, retirement benefits not payable to the estate, and insurance proceeds not payable to the estate.
Get personal, professional, competent Probate Administration Representation!
Request a free consultation online or call (818) 344-9200.
The personal representative of the estate (Administrator or Executor) must collect the assets subject to probate, pay any debts owed to third parties, pay any taxes due, and request authorization to distribute assets to the named beneficiaries or heirs.
In California, the personal representative and attorney are each entitled to minimum fees as set forth by California's Probate Code, based on the gross estate value, as follows:
Statutory Fee Percentage Potential Fee
|4% of the First $100,000||$4,000|
|3% of the Next $100,000||$3,000|
|2% of the Next $800,000||$16,000|
|1% of the Next $9,000,000||$90,000|
However, probate attorneys may also charge fees for extraordinary services based on their hourly rate; however, those extraordinary fees must be approved by the Court.
The Probate process usually takes six months (Will and no contests) to two years or longer (contests to Will, competence of proposed administrator, etc); however, the factors that typically determine the duration a probate case lasts are the size of the estate, the complexity of the issues, and the reasonableness of the personal representative and the potential beneficiaries. Upon final distribution and transfer of all probate assets to the appropriate persons, including payment to the personal representative and his or her counsel, the court discharges the personal representative and the estate is closed.
Probate Administration can be a long and demanding battle. The attorneys at MNB understand that you will need and want help throughout most of the process, even (and especially) the longer the process gets, and they are dedicated to helping you and providing the best possible guidance and assistance through the administration of your loved one's estate.
Schedule a consultation online or call (818) 344-9200
and let our attorneys HELP YOU!
Contact MNB Law Group today to discuss your Probate Administration needs and their solutions. We are available online or by calling 818-344-9200. We represent clients throughout Los Angeles County, including the areas of Woodland Hills, Sherman Oaks, Encino, Los Angeles, Tarzana, Studio City, Calabasas, Canoga Park, Northridge, Agoura Hills, Westlake Village, Winnetka, Ventura County, Granada Hills, Lake Balboa, Burbank, Valley Village, North Hollywood, Van Nuys, Universal City, Toluca Lake, and Chatsworth and in Ventura, Orange County, Riverside, San Bernardino, Santa Barbara, San Luis Obispo, and throughout California.